Fill and Sign the Temporary Order of Protection Court Forms

F.C.A. §§ 430, 550, 655, 828, 1029 General Form 5 12/2013 ORI No: At a Term of the Court Order No: _______________ County of , State of New York NYSID No: (address) PRESENT: Hon. TEMPORARY ORDER OF PROTECTION [Articles 4, 5, 6, 8 and 10] In the Matter of a Proceeding under Article of the Family Court Act Docket No. Petitioner Family Unit No. (check one) Date of Birth: ‘ ‘‘ ‘ Ex Parte ‘ ‘‘ ‘ Both Parties Present in Court Respondent Date of Birth: NOTICE: YOUR FAILURE TO OBEY THIS ORDER MAY SUBJEC T YOU TO MANDATORY ARREST AND CRIMINAL PROSECUTION, WHICH MAY RESULT IN YOUR INCARCERATION FOR UP TO SEVEN YEARS FOR CRIMINAL CONTEMPT, AND/OR MAY SUB JECT YOU TO FAMILY COURT PROSECUTION AND INCARCERATION FOR UP TO SIX MONTHS FOR CONTEMPT OF COURT. IF YOU FAIL TO APPEAR IN COURT WHEN YOU ARE REQUIRED T O DO SO, THIS ORDER MAY BE EXTENDED IN YOUR ABSENCE AND THEN CONTINUES IN EFFE CT UNTIL A NEW DATE SET BY THE COURT. THIS ORDER OF PROTECTION WILL REMAIN IN EFFECT EVE N IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE, CONTACT OR COMMUNICATION WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED. THIS ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR VIOLATING THIS ORDER . A petition under Article _ of the Family Court Act , sworn to on , having been filed in this Court in the above entitled proceeding, and good ca use having been shown and the Respondent having bee n [check applicable box]: present in Court and advised of the issuance and contents of this Order not presen t in Court, NOW, THEREFORE, IT IS HEREBY ORDERED that [specify first name, middle initial and last name]: must observe the following conditions of behavior: (Check Applicable Paragraphs and Subparagraphs) : [01] “ Stay away from [A] “ [name(s) of protected person(s)]: and/or from the [B] “ home of , [C] “ school of , [D] “ business of , [E] “ place of employment of , [F] “ other [specify location] ; [14 “ Refrain from communication or any other contact or by mail, telephone, e-mail, voice-mail or other electronic or any other means with [specify protected person(s )]: ; [02] “ Refrain from assault, stalking, harassment, aggrav ated harassment, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischief, sexual abuse, sexual misconduct, forcible touching, intimidation, threats, identity theft, grand larcen y, coercion or any criminal offense against [specify protected person(s) and/or members of protected person's family or household , and/or person(s) with custody of child(ren)]: ; GF-5 Page 2 [15] “ Refrain from intentionally injuring or killing without justification the following companion animal(s ) (pet(s)) [specify type(s) and, if available, name(s)]: ; [11] “ Permit [specify individual]: to enter the residence at [specify]: during [specify date/time]: with [specify law enforcement agency, if any]: to remove personal belongings not in issue in litigation [specify items]: ; [04] “ Refrain from [indicate acts]: that create an unreasonable risk to the health, saf ety or welfare of [specify child(ren), family or ho usehold member(s)]: ; [05] “ Permit [specify individual]: , entitled by a court order or separation or other written agreement to visit with [specify c hild(ren)]: during the following periods of time [specify]: under the following terms and conditions [specify]: ; [07] “ Custody of [specify child(ren)]: shall be awarded to [specify individual]: under the following terms and conditions [specify]: _____________ ___________________________________________________ __________________________ ; [12] Surrender any and all handguns, pistols, re volvers, rifles, shotguns and other firearms owned or possessed, including, but not limited to, the following: and do not obtain any further guns or other firearms. Such surrender shall take p lace immediately, but in no event later than [specify date/time]: at [specify location]: ; [ ] Promptly return or transfer the following identification documents specify]: ___________________________________________________ _________________________________to the party protected by this Order NOT LATER THAN [specify dat e]: in the following manner [specify manner or mode of return or transfe r]: ____________________________________________ [Check box(es) if applicable]: Such documents shal l be made available for use as evidence in this judicial proceeding. [Jointly owned documents or do cuments in both parties’ names only]: The following document(s) may be used as necessary f or legitimate use by the Respondent [specify]: . Pay or provide access to health or medical insurance for necessary medical care and treatment arising from the incident or incidents forming the basis of the ord er [specify beneficiary of treatment and coverage] ; Arts. 5,6&8 only Pay counsel fees (and/or) any costs associated with the order to [specify person and terms] ; Arts. 4,5&6 only Participate in an educational program, (and pay the costs thereof)[(specify program] ; Art. 8 only Participate in a batterer's education program designed to help end violent behavior (and pay the costs thereof)[specify program] ; Art. 8 only Pay to the petitioner/victim(s) restitution, as fo llows [specify terms and amount up to $1 0,000]: ; and GF-5 Page 3 [99] Observe such other condition(s) as are necessary to further the purposes of protection [ specify conditions]: ; Art. 8 only [check if applicable]: Respondent is on probation [FCA§842 requires or der to state if Respondent is on probation]. AGGRAVATING CIRCUMSTANCES FINDING [check box and fill in if applicable]: The court has made a finding on the record of the existence of the following AGGRAVATING CIRCUMSTANCES: . It is further ordered that the above-named Respondent's license to carry , possess, repair, sell or otherwise dispose of a firearm or firearms, if any, pursuant to Pe nal Law '400.00, is [check applicable box(es)]: [13A] “ suspended, or [13B] revoked, (note: final order only) and/or [13C] “ the Respondent shall remain ineligible to receive a firearm license while this Order is in effect. It is further ordered that this order of protection shall remain in forc e until and including [specify date]: , but if you fail to appear in court when you are req uired to do so, the order may be extended and continue in effect until a new date set by the Court. The Family Court Act provides that presentation of a copy of this order of protection to any police officer or peace officer acting pursuant to his or her special dutie s authorizes, and sometimes requires, the officer t o arrest a person who is alleged to have violated its terms and to bring him or her before the Court to face penalties authorized by law. Federal law requires that this order is effective outside, as well as in side, New York State. It must be honored and enforced by state and tribal courts, including cour ts of a state, the District of Columbia, a commonwe alth, territory or possession of the United States, if the person rest rained by the order is an intimate partner of the protected party and has or will be afforded reasonable notice and opportuni ty to be heard in accordance with state law sufficient to protect due process rights (18 U.S.C. §§ 2265, 2266). It is a federal crime to : • cross state lines to violate this order or to sta lk, harass or commit domestic violence against an i ntimate partner or family member; • buy, possess or transfer a handgun, rifle, shotg un or other firearm or ammunition while this Order remains in effect (Note: there is a limited exception for military or law enforcement officers but only while they ar e on duty) ; and • buy, possess or transfer a handgun, rifle, shotg un or other firearm or ammunition after a convictio n of a domestic violence-related crime involving the use or attemp ted use of physical force or a deadly weapon agains t an intimate partner or family member, even after this Order ha s expired.. (18 U.S.C. '' 922(g)(8), 922(g)(9), 2261, 2261A, 2262). Dated: JUDGE OF THE FAMILY COURT COURT (COURT SEAL) PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, A N APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORD ER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPE LLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNE Y FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST. Check Applicable Box(es): Party against whom order was issued was present in Court and advised in Court of issuance and contents of Order Order personally served in Court upon party agai nst whom order was issued GF-5 Page 4 Service directed by other means [specify]: [Modifications or extensions only]: Order mailed on [specify date and to whom mailed]: ____________ ________ Warrant issued for party against whom order was issued [specify date]: ____________________________ ______ Additional service information [specify]: ______ ___________________________________________________ _